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(g) NOTICE OF MILITARY CONSTRUCTION CONTRACTS ON GUAM.--Section 2864(b) of such title is amended by striking out “after the 21-day period” and all that follows through "determination". SEC. 1063. REPORTS REQUIRED BY DEFENSE AU

THORIZATION AND APPROPRIA

TIONS ACTS. (a) PUBLIC LAW 99–661 REQUIREMENT FOR REPORT ON FUNDING FOR NICARAGUAN DEMOCRATIC RESISTANCE.-Section 1351 of the National Defense Authorization Act for Fiscal Year 1987 (Public Law 99–661; 100 Stat. 3995; 10 U.S.C. 114 note) is amended

(1) by striking out subsection (b); and

(2) in subsection (a), by striking out “(a) LIMITATION.—”.

(b) ANNUAL REPORT ON OVERSEAS MILITARY FACILITY INVESTMENT RECOVERY ACCOUNT.Section 2921 of the Military Construction Authorization Act for Fiscal Year 1991 (division B of Public Law 101-510; 10 U.S.C. 2687 note) is amended

(1) by striking out subsection (f); and

(2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.

(c) SCIENCE, MATHEMATICS, AND ENGINEERING EDUCATION MASTER PLAN.–Section 829 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102– 190; 105 Stat. 1444; 10 U.S.C. 2192 note) is repealed.

(d) REPORT REGARDING HEATING FACILITY MODERNIZATION AT KAISERSLAUTERN.-Section 8008 of the Department of Defense Appropriations Act, 1994 (Public Law 103-139; 107 Stat. 1438), is amended by inserting “but without regard to the notification requirement in subsection (b)(2) of such section,” after “section 2690 of title 10, United States Code," SEC. 1064. REPORTS REQUIRED BY OTHER PROVI

SIONS OF LAW. (a) REQUIREMENT UNDER ARMS EXPORT CONTROL ACT FOR QUARTERLY REPORT ON PRICE AND AVAILABILITY ESTIMATES.-Section 28 of the Arms Export Control Act (22 U.S.C. 2768) is repealed.

(b) ANNUAL REPORT ON NATIONAL SECURITY AGENCY EXECUTIVE PERSONNEL.-Section 12(a) of the National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by striking out paragraph (5).

(c) REPORTS CONCERNING CERTAIN FEDERAL CONTRACTING AND FINANCIAL TRANSACTIONS.-Section 1352 of title 31, United States Code, is amended

(1) in subsection (b)(6)(A), by inserting “(other than the Secretary of Defense and Secretary of a military department)" after "The head of each agency”; and

(2) in subsection (d)(1), by inserting “(other than in the case of the Department of Defense or a military department)” after paragraph (3) of this subsection”.

(d) ANNUAL REPORT ON WATER RESOURCES PROJECT AGREEMENTS.-Section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) is amended

(1) by striking out subsection (e); and

(2) by redesignating subsection (f) as subsection (e).

(e) ANNUAL REPORT ON CONSTRUCTION OF TENNESSEE-TOMBIGBEE WATERWAY.-Section 185 of the Water Resources Development Act of 1976 (33 U.S.C. 544c) is amended by striking out the second sentence.

(f) ANNUAL REPORT ON MONITORING OF NAVY HOME PORT WATERS.-Section 7 of the Organotin Antifouling Paint Control Act of 1988 (33 U.S.C. 2406) is amended

(1) by striking out subsection (d); and

(2) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. Subtitle G-Department of Defense

Education Programs SEC. 1071. CONTINUATION OF UNIFORMED SERV

ICES UNIVERSITY OF THE HEALTH

SCIENCES. (a) POLICY.-Congress reaffirms—

(1) the prohibition set forth in subsection (a) of section 922 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2829; 10 U.S.C. 2112 note) regarding closure of the Uniformed Services University of the Health Sciences; and

(2) the expression of the sense of Congress set forth in subsection (b) of such section regarding the budgetary commitment to continuation of the university.

(b) PERSONNEL STRENGTH.—During the fiveyear period beginning on October 1, 1995, the personnel staffing levels for the Uniformed Services University of the Health Services may not be reduced below the personnel staffing levels for the university as of October 1, 1993.

(c) BUDGETARY COMMITMENT TO CONTINUATION.—It is the sense of Congress that the Secretary of Defense should budget for the operation of the Uniformed Services University of the Health Sciences during fiscal year 1997 at a level at least equal to the level of operations conducted at the University during fiscal year 1995. SEC. 1072. ADDITIONAL GRADUATE SCHOOLS

AND PROGRAMS AT UNIFORMED
SERVICES UNIVERSITY OF THE

HEALTH SCIENCES. (a) ADDITIONAL SCHOOLS AND PROGRAMS.Subsection (h) of section 2113 of title 10, United States Code, is amended to read as follows:

“(h) The Secretary of Defense may establish the following educational programs at the University:

*(1) Postdoctoral, postgraduate, and technological institutes.

“(2) A graduate school of nursing.

“(3) Other schools or programs that the Secretary determines necessary in order to operate the University in a cost-effective manner.”.

(b) CONFORMING AMENDMENTS TO REFLECT ADVISORY NATURE OF BOARD OF REGENTS.-(1) Section 2112(b) of such title is amended by striking out “, upon recommendation of the Board of Regents,”.

(2) Section 2113 of such title is amended, (A) in subsection (a)

(i) by striking out “a Board of Regents (hereinafter in this chapter referred to as the ‘Board')” in the first sentence and inserting in lieu thereof “the Secretary of Defense”; and

(ii) by inserting after the first sentence the following new sentence: "To assist the Secretary in an advisory capacity, there is a Board of Regents for the University.";

(B) in subsection (d), by striking out “Board” the first place it appears and inserting in lieu thereof “Secretary”;

(C) in subsection (e), by striking out “of Defense'':

(D) in subsection (f)(1), by striking out "of Defense”;

(E) in subsection (g)

(i) by striking out "Board is authorized to" in the first sentence and inserting in lieu thereof Secretary may”;

(ii) by striking out “Board is also authorized to” in the third sentence and inserting in lieu thereof “Secretary may”'; and

(iii) by striking out “Board may also, subject to the approval of the Secretary of Defense,” in the fifth sentence and inserting in lieu thereof "Secretary may"; and

(F) by striking out "Board” each place it appears in subsections (f), (i), and (j) and inserting in lieu thereof “Secretary”.

(3) Section 2114(e)(1) of such title is amended by striking out "Board, upon approval of the Secretary of Defense,” and inserting in lieu thereof “Secretary of Defense”.

(c) CLERICAL AMENDMENTS.—(1) The heading of section 2113 of such title is amended to read as follows:

"82113. Administration of University".

(2) The item relating to such section in the table of sections at the beginning of chapter 104 of such title is amended to read as follows: "2113. Administration of University.". SEC. 1073. FUNDING FOR ADULT EDUCATION

PROGRAMS FOR MILITARY PER-
SONNEL AND DEPENDENTS OUTSIDE

THE UNITED STATES. Of amounts appropriated pursuant to section 301, $600,000 shall be available to carry out adult education programs, consistent with the Adult Education Act (20 U.S.C. 1201 et seq.), for the following:

(1) Members of the Armed Forces who are serving in locations,

(A) that are outside the United States; and

(B) for which amounts are not required to be allotted under section 313(b) of such Act (20 U.S.C. 1201b(b)).

(2) The dependents of such members. SEC. 1074. ASSISTANCE TO LOCAL EDUCATIONAL

AGENCIES THAT BENEFIT DEPEND-
ENTS OF MEMBERS OF THE ARMED
FORCES AND DEPARTMENT OF DE-

FENSE CIVILIAN EMPLOYEES. (a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR FISCAL YEAR 1996.-(1) Of the amounts authorized to be appropriated in section 301(5)

(A) $30,000,000 shall be available for providing educational agencies assistance (as defined in paragraph (4)(A)) to local educational agencies; and

(B) $5.000.000 shall be available for making educational agencies payments (as defined in paragraph (4)(B)) to local educational agencies.

(2) Not later than June 30, 1996, the Secretary of Defense shall

(A) notify each local educational agency that is eligible for educational agencies assistance for fiscal year 1996 of that agency's eligibility for such assistance and

the amount of such assistance for which that agency is eligible; and

(B) notify each local educational agency that is eligible for an educational agencies payment for fiscal year 1996 of that agency's eligibility for such payment and the amount of the payment for which that agency is eligible.

(3) The Secretary of Defense shall disburse funds made available under subparagraphs (A) and (B) of paragraph (1) not later than 30 days after the date on which notification to the eligible local educational agencies is provided pursuant to paragraph (2).

(4) In this section:

(A) The term “educational agencies assistance” means assistance authorized under subsection (b) of section 386 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 20 U.S.C. 238 note).

(B) The term “educational agencies payments” means payments authorized under subsection (d) of that section, as amended by subsection (d).

(b) SPECIAL RULE FOR 1994 PAYMENTS.—The Secretary of Education shall not consider any payment to a local educational agency by the Department of Defense, that is available to such agency for current expenditures and used for capital expenses, as funds available to such agency for purposes of making a determination for fiscal year 1994 under section 3(d)(2)(B)(i) of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on September 30, 1994).

(c) REDUCTION IN IMPACT THRESHOLD.-Subsection (c)(1) of section 386 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 20 U.S.C. 238 note) is amended

(1) by striking out “30 percent” and inserting in lieu thereof “20 percent”; and

(2) by striking out "counted under subsection (a) or (b) of section 3 of the Act of

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September 30, 1950 (Public Law 874, Eightyfirst Congress; 20 U.S.C. 238)” and inserting in lieu thereof “counted under section 8003(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a))”.

(d) ADJUSTMENTS RELATED TO BASE CLOSURES AND REALIGNMENTS.-Subsection (d) of section 386 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 28 U.S.C. 238 note) is amended to read as follows:

“(d) ADJUSTMENTS RELATED TO BASE CLOSURES AND REALIGNMENTS.--To assist communities in making adjustments resulting from reductions in the size of the Armed Forces, the Secretary of Defense shall, in consultation with the Secretary of Education, make payments to local educational agencies that, during the period between the end of the school year preceding the fiscal year for which the payments are authorized and the beginning of the school year immediately preceding that school year, had an overall reduction of not less than 20 percent in the number of military dependent students as a result of the closure or realignment of military installations.".

(e) EXTENSION OF REPORTING REQUIREMENT.-Subsection (e)(1) of section 386 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 20 U.S.C. 238 note) is amended by striking out “and 1995” and inserting in lieu thereof “1995, and 1996".

(f) PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.–Subsection (f) of section 8003 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703) is amended

(1) in paragraph (2)

(A) in the matter preceding clause (i) of subparagraph (A), by striking "only if such agency” and inserting "if such agency is eligible for a supplementary payment in accordance with subparagraph (B) or such agency"; and

(B) by adding at the end the following new subparagraph:

“(D) A local educational agency shall only be eligible to receive additional assistance under this subsection if the Secretary determines that

"(i) such agency is exercising due diligence in availing itself of State and other financial assistance; and

“(ii) the eligibility of such agency under State law for State aid with respect to the free public education of children described in subsection (a)(1) and the amount of such aid are determined on a basis no less favorable to such agency than the basis used in determining the eligibility of local educational agencies for State aid, and the amount of such aid, with respect to the free public education of other children in the State.”; and

(2) in paragraph (3)
(A) in subparagraph (A)

(i) in the matter preceding clause (i), by inserting “(other than any amount received under paragraph (2)(B))” after "subsection":

(ii) in subclause (I) of clause (i), by striking "or the average per-pupil expenditure of all the States”;

(iii) by amending clause (ii) to read as follows:

“(ii) The Secretary shall next multiply the amount determined under clause (i) by the total number of students in average daily attendance at the schools of the local educational agency.”; and

(iv) by amending clause (iii) to read as follows:

"(iii) The Secretary shall next subtract from the amount determined under clause (ii) all funds available to the local educational agency for current expenditures, but shall not so subtract funds provided

“(I) under this Act; or

"(II) by any department or agency of the Federal Government (other than the Department) that are used for capital expenses."; and

(B) by amending subparagraph (B) to read as follows:

“(B) SPECIAL RULE.—With respect to payments under this subsection for a fiscal year for a local educational agency described in clause (ii) or (iii) of paragraph (2)(A), the maximum amount of payments under this subsection shall be equal to

"(i) the product of

**(I) the average per-pupil expenditure in all States multiplied by 0.7, except that such amount may not exceed 125 percent of the average per-pupil expenditure in all local educational agencies in the State; multiplied by

“(II) the number of students described in subparagraph (A) or (B) of subsection (a)(1) for such agency; minus

“(ii) the amount of payments such agency receives under subsections (b) and (d) for such year.”.

(8) CURRENT YEAR DATA.–Paragraph (4) of section 8003(f) of such Act (20 U.S.C. 7703(f)) is amended to read as follows:

“(4) CURRENT YEAR DATA.–For purposes of providing assistance under this subsection the Secretary

(A) shall use student and revenue data from the fiscal year for which the local educational agency is applying for assistance under this subsection; and

"(B) shall derive the per pupil expenditure amount for such year for the local educational agency's comparable school districts by increasing or decreasing the per pupil expenditure data for the second fiscal year preceding the fiscal year for which the determination is made by the same percentage increase or decrease reflected between the per pupil expenditure data for the fourth fiscal year preceding the fiscal year for which the determination is made and the per pupil expenditure data for such second year."

(h) TECHNICAL AMENDMENTS TO CORRECT REFERENCES TO REPEALED LAW.-Section 386 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 20 U.S.C. 238 note) is amended

(1) in subsection (e)(2)

(A) in subparagraph (C), by inserting after "et seq.)," the following: "title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.),”; and

(B) in subparagraph (D)(iii), by striking out "under subsections (a) and (b) of section 3 of such Act (20 U.S.C. 238)”; and

(2) in subsection (h)

(A) in paragraph (1), by striking out “section 14101 of the Elementary and Secondary Education Act of 1965" and inserting in lieu thereof “section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9))”?; and

(B) by striking out paragraph (3) and inserting in lieu thereof the following new paragraph:

“(3) The term 'State' means each of the 50 States and the District of Columbia.”. SEC. 1075. SHARING OF PERSONNEL OF DEPART

MENT OF DEFENSE DOMESTIC DE-
PENDENT SCHOOLS AND DEFENSE

DEPENDENTS' EDUCATION SYSTEM. Section 2164(e) of title 10, United States Code, is amended by adding at the end the following:

*(4)(A) The Secretary may, without regard to the provisions of any law relating to the number, classification, or compensation of employees

“(i) transfer employees from schools established under this section to schools in the defense dependents' education system in order to provide the services referred to in subparagraph (B) to such system; and

"(ii) transfer employees from such system to schools established under this section in order to provide such services to those schools.

“(B) The services referred to in subparagraph (A) are the following:

“(i) Administrative services.
(ii) Logistical services.
“(iii) Personnel services.

“(iv) Such other services as the Secretary considers appropriate.

"(C) Transfers under this paragraph shall extend for such periods as the Secretary considers appropriate. The Secretary shall provide appropriate compensation for employees so transferred.

"(D) The Secretary may provide that the transfer of an employee under this paragraph occur without reimbursement of the school or system concerned.

“(E) In this paragraph, the term 'defense dependents' education system' means the program established and operated under section 1402(a) of the Defense Dependents' Education Act of 1978 (20 U.S.C. 921(a)).". SEC. 1076. INCREASE IN RESERVE COMPONENT MONTGOMERY

GI

BILL EDUCATIONAL ASSISTANCE ALLOWANCE WITH RESPECT TO SKILLS OR SPECIALTIES FOR WHICH THERE IS A CRITICAL SHORTAGE OF PER

SONNEL. Section 16131 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(j)(1) In the case of a person who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, the Secretary concerned may increase the rate of the educational assistance allowance applicable to that person to such rate in excess of the rate prescribed under subparagraphs (A) through (D) of subsection (b)(1) as the Secretary of Defense considers appropriate, but the amount of any such increase may not exceed $350 per month.

“(2) In the case of a person who has a skill or specialty designated by the Secretary concerned as a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or, in the case of critical units, retain personnel, who is eligible for educational benefits under chapter 30 (other than section 3012) of title 38 and who meets the eligibility criteria specified in subparagraphs (A) and (B) of section 16132(a)(1) of this title, the Secretary concerned may increase the rate of the educational assistance allowance applicable to that person to such rate in excess of the rate prescribed under section 3015 of title 38 as the Secretary of Defense considers appropriate, but the amount of any such increase may not exceed $350 per month.

(3) The authority provided by paragraphs (1) and (2) shall be exercised by the Secretaries concerned under regulations prescribed by the Secretary of Defense.”. SEC. 1077. DATE FOR ANNUAL REPORT ON RE

SERVE COMPONENT MONTGOMERY
GI BILL EDUCATIONAL ASSISTANCE

PROGRAM. Section 16137 of title 10, United States Code, is amended by striking out “December 15 of each year” and inserting in lieu thereof “March 1 of each year”. SEC. 1078. SCOPE OF EDUCATION PROGRAMS OF

COMMUNITY COLLEGE OF THE AIR

FORCE. (a) LIMITATION TO MEMBERS OF THE AIR FORCE.—Section 9315(a)(1) of title 10, United States Code, is amended by striking out "for enlisted members of the armed forces” and inserting in lieu thereof “for enlisted members of the Air Force”.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to enrollments in the Community College of the Air Force after March 31, 1996. SEC. 1079. AMENDMENTS TO EDUCATION LOAN

REPAYMENT PROGRAMS.

(a) GENERAL EDUCATION LOAN REPAYMENT PROGRAM.-Section 2171(a)(1) of title 10, United States Code, is amended

(1) by striking out "or" at the end of subparagraph (A);

(2) by redesignating subparagraph (B) as subparagraph (C); and

(3) by inserting after subparagraph (A) the following new subparagraph (B):

“(B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.); or”.

(b) EDUCATION LOAN REPAYMENT PROGRAM FOR ENLISTED MEMBERS OF SELECTED RESERVE WITH CRITICAL SPECIALTIES.-Section 16301(a)(1) of such title is amended

(1) by striking out “or” at the end of subparagraph (A);

(2) by redesignating subparagraph (B) as subparagraph (C); and

(3) by inserting after subparagraph (A) the following new subparagraph (B):

“(B) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.); or”.

(C) EDUCATION LOAN REPAYMENT PROGRAM FOR HEALTH PROFESSIONS OFFICERS SERVING IN SELECTED RESERVE WITH WARTIME CRITICAL MEDICAL SKILL SHORTAGES.-Section 16302(a) of such title is amended

(1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5) respectively; and

(2) by inserting after paragraph (1) the following new paragraph (2):

“(2) any loan made under part D of such title (the William D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.); or".

Subtitle H-Other Matters
SEC. 1081. NATIONAL DEFENSE TECHNOLOGY

AND INDUSTRIAL BASE, DEFENSE
REINVESTMENT, AND DEFENSE CON-

VERSION PROGRAMS. (a) NATIONAL SECURITY OBJECTIVES FOR NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.(1) Section 2501 of title 10, United States Code, is amended

(A) in subsection (a)

(i) by striking out “DEFENSE POLICY” in the subsection heading and inserting in lieu thereof “NATIONAL SECURITY”; and

(ii) by striking out paragraph (5);
(B) by striking out subsection (b); and

(C) by redesignating subsection (c) as subsection (b).

(2) The heading of such section is amended to read as follows: “8 2501. National security objectives con

cerning national technology and industrial base".

(b) NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE COUNCIL.-Section 2502(c) of such title is amended

(1) in paragraph (1), by striking out subparagraph (B) and inserting in lieu thereof the following new subparagraph:

"(B) programs for achieving such national security objectives; and”';

(2) by striking out paragraph (2); and

(3) by redesignating paragraph (3) as paragraph (2).

(c) MODIFICATION OF DEFENSE DUAL-USE CRITICAL TECHNOLOGY PARTNERSHIPS PROGRAM.—Section 2511 of such title is amended to read as follows: "§ 2511. Defense dual-use critical technology

program

“(a) ESTABLISHMENT OF PROGRAM.—The Secretary of Defense shall conduct a program to further the national security objectives set forth in section 2501(a) of this title by encouraging and providing for research,

development, and application of dual-use critical technologies. The Secretary may make grants, enter into contracts, or enter into cooperative agreements and other transactions pursuant to section 2371 of this title in furtherance of the program. The Secretary shall identify projects to be conducted as part of the program.

“(b) ASSISTANCE AUTHORIZED.—The Secretary of Defense may provide technical and other assistance to facilitate the achievement of the purposes of projects conducted under the program. In providing such assistance, the Secretary shall make available, as appropriate for the work to be performed, equipment and facilities of Department of Defense laboratories (including the scientists and engineers at those laboratories) for purposes of projects selected by the Secretary.

"(c) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT PARTICIPANTS.-(1) The total amount of funds provided by the Federal Government for a project conducted under the program may not exceed 50 percent of the total cost of the project. However, the Secretary of Defense may agree to a project in which the total amount of funds provided by the Federal Government exceeds 50 percent if the Secretary determines the project is particularly meritorious, but the project would not otherwise have sufficient non-Federal funding or in-kind contributions.

"(2) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a project conducted under the program for the purpose of calculating the share of the project costs that has been or is being undertaken by such participants. In such regulations, the Secretary may authorize a participant that is a small business concern to use funds received under the Small Business Innovation Research Program or the Small Business Technology Transfer Program to help pay the costs of project activities. Any such funds so used may be considered in calculating the amount of the financial commitment undertaken by the non-Federal Government participants unless the Secretary determines that the small business concern has not made a significant equity percentage contribution in the project from non-Federal sources.

**(3) The Secretary shall consider a project proposal submitted by a small business concern without regard to the ability of the small business concern to immediately meet its share of the anticipated project costs. Upon the selection of a project proposal submitted by a small business concern, the small business concern shall have a period of not less than 120 days in which to arrange to meet its financial commitment requirements under the project from sources other than a person of a foreign country. If the Secretary determines upon the expiration of that period that the small business concern will be unable to meet its share of the anticipated project costs, the Secretary shall revoke the selection of the project proposal submitted by the small business concern.

"(d) SELECTION PROCESS.—Competitive procedures shall be used in the conduct of the program.

“(e) SELECTION CRITERIA.—The criteria for the selection of projects under the program shall include the following:

"(1) The extent to which the proposed project advances and enhances the national security objectives set forth in section 2501(a) of this title.

“(2) The technical excellence of the proposed project.

"(3) The qualifications of the personnel proposed to participate in the research activities of the proposed project.

“(4) An assessment of timely private sector investment in activities to achieve the goals and objectives of the proposed project other than through the project.

(5) The potential effectiveness of the project in the further development and application of each technology proposed to be developed by the project for the national technology and industrial base.

“(6) The extent of the financial commitment of eligible firms to the proposed project.

(7) The extent to which the project does not unnecessarily duplicate projects undertaken by other agencies.

“(f) REGULATIONS.—The Secretary of Defense shall prescribe regulations for the purposes of this section.".

(d) FEDERAL DEFENSE LABORATORY DIVERSIFICATION PROGRAM.-Section 2519 of such title is amended

(1) in subsection (b), by striking out “referred to in section 2511(b) of this title”; and

(2) in subsection (f), by striking out “section 2511(f)" and inserting in lieu thereof "section 2511(e)".

(e) MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM.–Subsection (b) of section 2525 of such title is amended to read as follows:

“(b) PURPOSE OF PROGRAM.-The Secretary of Defense shall use the program

“(1) to provide centralized guidance and direction (including goals, milestones, and priorities to the military departments and the Defense Agencies on all matters relating to manufacturing technology;

“(2) to direct the development and implementation of Department of Defense plans, programs, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment;

“(3) to improve the manufacturing quality, productivity, technology, and practices of businesses and workers providing goods and services to the Department of Defense;

**(4) to promote dual-use manufacturing processes;

"(5) to disseminate information concerning improved manufacturing improvement concepts, including information on such matters as best manufacturing practices, product

exchange specifications, computeraided acquisition and logistics support, and rapid acquisition of manufactured parts;

“(6) to sustain and enhance the skills and capabilities of the manufacturing work force;

"(7) to promote high-performance work systems (with development and dissemination of production technologies that build upon the skills and capabilities of the work force), high levels of worker education and training; and

“(8) to ensure appropriate coordination between the manufacturing technology programs and industrial preparedness programs of the Department of Defense and similar programs undertaken by other departments and agencies of the Federal Government or by the private sector.".

(f) REPEAL OF VARIOUS ASSISTANCE PROGRAMS.-Sections 2512, 2513, 2520 2521, 2522, 2523, and 2524 of such title are repealed.

(g) REPEAL OF MILITARY-CIVILIAN INTEGRATION AND TECHNOLOGY TRANSFER ADVISORY BOARD.-Section 2516 of such title is repealed.

(h) REPEAL OF OBSOLETE DEFINITIONS.Section 2491 of such title is amended

(1) by striking out paragraphs (11) and (12); and

(2) by redesignating paragraphs (13), (14), (15), and (16) as paragraphs (11) (12), (13), and (14), respectively.

(i) CLERICAL AMENDMENTS.-(1) The table of sections at the beginning of subchapter II of chapter 148 of such title is amended by striking out the item relating to section 2501 and inserting in lieu thereof the following new item: "2501. National security objectives con

cerning national technology

and industrial base.". (2) The table of sections at the beginning of subchapter III of such chapter is amended

(A) by striking out the item relating to section 2511 and inserting in lieu thereof the following new item: “2511. Defense dual-use critical technology

program."; and (B) by striking out the items relating to sections 2512, 2513, 2516, and 2520.

(3) The table of sections at the beginning of subchapter IV of such chapter is amended by striking out the items relating to sections 2521, 2522, 2523, and 2524. SEC. 1082. AMMUNITION INDUSTRIAL BASE.

(a) REVIEW OF AMMUNITION PROCUREMENT PROGRAMS.—The Secretary of Defense shall carry out a review of the programs of the Department of Defense for the procurement of ammunition. The review shall include the Department of Defense management of ammunition procurement programs, including the procedures of the Department for the planning for, budgeting for, administration, and carrying out of such programs. The Secretary shall begin the review not later than 30 days after the date of the enactment of this Act.

(b) MATTERS TO BE REVIEWED.—The review under subsection (a) shall include an assessment of the following:

(1) The practicability and desirability of (A) continuing to use centralized procurement practices (through a single executive agent) for the procurement of ammunition required by the Armed Forces, and (B) using such centralized procurement practices for the procurement of all such ammunition.

(2) The capability of the ammunition production facilities of the Government to meet the requirements of the Armed Forces for procurement of ammunition.

(3) The practicability and desirability of converting those ammunition production facilities to ownership or operation by private sector entities.

(4) The practicability and desirability of integrating the budget planning for the procurement of ammunition among the Armed Forces.

(5) The practicability and desirability of establishing an advocate within the Department of Defense for matters relating to the ammunition industrial base, with such an advocate to be responsible for

(A) establishing the quantity and price of ammunition procured by the Armed Forces; and

(B) establishing and implementing policy to ensure the continuing capability of the ammunition industrial base in the United States to meet the requirements of the Armed Forces.

(6) The practicability and desirability of providing information on the ammunition procurement practices of the Armed Forces to Congress through a single source.

(c) REPORT.-Not later than April 1, 1996, the Secretary shall submit to the congressional defense committees a report on the review carried out under subsection (a). The report shall include the following:

(1) The results of the review.

(2) A discussion of the methodologies used in carrying out the review.

(3) An assessment of various methods of ensuring the continuing capability of the ammunition industrial base of the United States to meet the requirements of the Armed Forces.

(4) Recommendations of means (including legislation of implementing those methods

in order to ensure such continuing capability. SEC. 1083. POLICY CONCERNING EXCESS DE

FENSE INDUSTRIAL CAPACITY. No funds appropriated pursuant to an authorization of appropriations in this Act may be used for capital investment in, or the development and construction of, a Government-owned, Government-operated defense industrial facility unless the Secretary of Defense certifies to the Congress that no similar capability or minimally used capacity exists in any other Government-owned, Government-operated defense industrial facility. SEC. 1084. SENSE OF CONGRESS CONCERNING

ACCESS TOSECONDARY SCHOOL
STUDENT INFORMATION FOR RE-

CRUITING PURPOSES. (a) SENSE OF CONGRESS.—It is the sense of Congress that,

(1) the States (with respect to public schools) and entities operating private secondary schools should not have a policy of denying, or otherwise effectively preventing, the Secretary of Defense from obtaining for military recruiting purposes

(A) entry to any secondary school or access to students at any secondary school equal to that of other employers; or

(B) access to directory information pertaining to students at secondary schools equal to that of other employers (other than in a case in which an objection has been raised as described in paragraph (2)); and

(2) any State, and any entity operating a private secondary school, that releases directory information secondary school students should

(A) give public notice of the categories of such information to be released; and

(B) allow a reasonable period after such notice has been given for a student or (in the case of an individual younger than 18 years of age) a parent to inform the school that any or all of such information should not be released without obtaining prior consent from the student or the parent, as the case may be.

(b) REPORT ON DOI PROCEDURES.-Not later than March 1, 1996, the Secretary of Defense shall submit to Congress a report on Department of Defense procedures for determining if and when a State or an entity operating a private secondary school has denied or prevented access to students or information as described in subsection (a)(1).

(c) DEFINITIONS.-For purposes of this section:

(1) The term “directory information” means, with respect to a student, the student's name, address, telephone listing, date and place of birth, level of education, degrees received, and (if available) the most recent previous educational program enrolled in by the student.

(2) The term “student” means an individual enrolled in any program of education who is 17 years of age or older. SEC. 1085. DISCLOSURE OF INFORMATION CON

CERNING UNACCOUNTED FOR
UNITED STATES PERSONNEL FROM
THE KOREAN CONFLICT, THE VIET-

NAM ERA, AND THE COLD WAR. Section 1082 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 50 U.S.C. 401 note) is amended

(1) in subsection (b)(3)(A), by striking out “cannot be located after a reasonable effort." and inserting in lieu thereof “cannot be located by the Secretary of Defense

“(i) in the case of a person missing from the Vietnam era, after a reasonable effort; and

“(ii) in the case of a person missing from the Korean Conflict or Cold War, after a period of 90 days from the date on which any record or other information referred to in

paragraph (2) is received by the Department of Defense for disclosure review from the Archivist of the United States, the Library of Congress, or the Joint United States-Russian Commission on POW/MIAS.”; and

(2) in subsection (c)(1), by striking out “not later than September 30, 1995” and inserting in lieu thereof “not later than January 2, 1996. SEC. 1086. OPERATIONAL SUPPORT AIRLIFT AIR

CRAFT FLEET. (a) SUBMITTAL OF JCS REPORT ON AIRCRAFT.-Not later than February 1, 1996, the Secretary of Defense shall submit to Congress the report that, as of the date of the enactment of this Act, is in preparation by the Chairman of the Joint Chiefs of Staff on operational support airlift aircraft.

(b) CONTENT OF REPORT.-(1) The report referred to in subsection (a) shall contain findings and recommendations on the following:

(A) Requirements for the modernization and safety of the operational support airlift aircraft fleet.

(B) The disposition of aircraft that would be excess to that fleet upon fulfillment of the requirements referred to in subparagraph (A).

(C) Plans and requirements for the standardization of the fleet, including plans and requirements for the provision of a single manager for all logistical support and operational requirements.

(D) Central scheduling of all operational support airlift aircraft.

(E) Needs of the Department for helicopter support in the National Capital Region, including the acceptable uses of that support.

(2) In preparing the report, the Chairman of the Joint Chiefs of Staff shall take into account the recommendation of the Commission on Roles and Missions of the Armed Forces to reduce the size of the operational support airlift aircraft fleet.

(C) REGULATIONS.—(1) Upon completion of the report referred to in subsection (a), the Secretary shall prescribe regulations, consistent with the findings and recommendations set forth in the report, for the operation, maintenance, disposition, and use of operational support airlift aircraft.

(2) The regulations shall, to the maximum extent practicable, provide for, and encourage the use of, commercial airlines in lieu of the use of such aircraft.

(3) The regulations shall apply uniformly throughout the Department.

(4) The regulations shall not require exclusive use of such aircraft for any particular class of government personnel.

(d) REDUCTIONS IN FLYING HOURS.-(1) The Secretary shall ensure that the number of hours flown during fiscal year 1996 by operational support airlift aircraft does not exceed the number equal to 85 percent of the number of hours flown during fiscal year 1995 by operational support airlift aircraft.

(2) The Secretary should ensure that the number of hours flown in the National Capital Region during fiscal year 1996 by helicopters of the operational support airlift aircraft fleet does not exceed the number equal to 85 percent of the number of hours flown in the National Capital Region during fiscal year 1995 by helicopters of the operational support airlift aircraft fleet. (e) RESTRICTION

ON

AVAILABILITY FUNDS.-Of the funds appropriated pursuant to section 301 for the operation and use of operational support airlift aircraft, not more than 50 percent is available for obligation until the Secretary submits to Congress the report referred to in subsection (a).

(f) DEFINITIONS.—In this section:

(1) The term "operational support airlift aircraft” means aircraft of the Department of Defense designated within the Department as operational support airlift aircraft.

OF

(2) The term “National Capital Region" has the meaning given such term in section 2674(f)(2) of title 10, United States Code. SEC. 1087. CIVIL RESERVE AIR FLEET.

Section 9512 of title 10, United States Code, is amended by striking out “full Civil Reserve Air Fleet” in subsections (b)(2) and (e) and inserting in lieu thereof “Civil Reserve Air Fleet”. SEC. 1088. DAMAGE OR LOSS TO PERSONAL

PROPERTY DUE TO EMERGENCY
EVACUATION OR EXTRAORDINARY

CIRCUMSTANCES. (a) SETTLEMENT

OF
CLAIMS

OF PERSONNEL.-Section 3721(b)(1) of title 31, United States Code, is amended by inserting after the first sentence the following: “If, however, the claim arose from an emergency evacuation or from extraordinary circumstances, the amount settled and paid under the authority of the preceding sentence may exceed $40,000, but may not exceed $100,000.”'.

(b) APPLICABILITY.—The amendment made by subsection (a) shall apply to claims arising before, on, or after the date of the enactment of this Act.

(c) REPRESENTMENTS OF PREVIOUSLY PRESENTED CLAIMS.-(1) A claim under subsection (b) of section 3721 of title 31, United States Code, that was settled under such section before the date of the enactment of this Act may be represented under such section, as amended by subsection (a), to the head of the agency concerned to recover the amount equal to the difference between the actual amount of the damage or loss and the amount settled and paid under the authority of such section before the date of the enactment of this Act, except that,

(A) the claim shall be represented in writing within two years after the date of the enactment of this Act;

(B) a determination of the actual amount of the damage or loss shall have been made by the head of the agency concerned pursuant to settlement of the claim under the authority of such section before the date of the enactment of this Act;

(C) the claimant shall have proof of the determination referred to in subparagraph (B); and

(D) the total of all amounts paid in settlement of the claim under the authority of such section may not exceed $100,000.

(2) Subsection (k) of such section shall not apply to bar representment of a claim described in paragraph (1), but shall apply to such a claim that is represented and settled under that section after the date of the enactment of this Act. SEC. 1089. AUTHORITY TO SUSPEND OR TERMI

NATE COLLECTION ACTIONS

AGAINST DECEASED MEMBERS. Section 3711 of title 31, United States Code, is amended by adding at the end the following:

"(g)(1) The Secretary of Defense may suspend or terminate an action by the Secretary or by the Secretary of a military department under subsection (a) to collect a claim against the estate of a person who died while serving on active duty as a member of the Army, Navy, Air Force, or Marine Corps if the Secretary determines that, under the circumstances applicable with respect to the deceased person, it is appropriate to do so.

(2) In this subsection, the term 'active duty' has the meaning given that term in section 101 of title 10.”. SEC. 1090. CHECK CASHING AND EXCHANGE

TRANSACTIONS FOR DEPENDENTS
OF UNITED STATES GOVERNMENT

PERSONNEL. (a) AUTHORITY TO CARRY OUT TRANSACTIONS.–Subsection (b) of section 3342 of title 31, United States Code, is amended

(1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and

(2) by inserting after paragraph (2) the following

new paragraph:

“(3) a dependent of personnel of the Government, but only

“(A) at a United States installation at which adequate banking facilities are not available; and

“(B) in the case of negotiation of negotiable instruments, if the dependent's sponsor authorizes, in writing, the presentation of negotiable instruments to the disbursing official for negotiation.".

(b) PAY OFFSET.-Subsection (c) of such section is amended

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following new paragraph (3):

“(3) The amount of any deficiency resulting from cashing a check for a dependent under subsection (b)(3), including any charges assessed against the disbursing official by a financial institution for insufficient funds to pay the check, may be offset from the pay of the dependent's sponsor.".

(c) DEFINITIONS.—Such section is further amended by adding at the end the following:

“(e) Regulations prescribed under subsection (d) shall include regulations that define the terms dependent' and 'sponsor for the purposes of this section. In the regulations, the term 'dependent’, with respect to a member of a uniformed service, shall have the meaning given that term in section 401 of title 37.”. SEC. 1091. DESIGNATION OF NATIONAL MARI

TIME CENTER. (a) DESIGNATION OF NATIONAL MARITIME CENTER.-The NAUTICUS building, located at one Waterside Drive, Norfolk, Virginia, shall be known and designated as the “National Maritime Center”.

(b) REFERENCE TO NATIONAL MARITIME CENTER.–Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection (a) shall be deemed to be a reference to the “National Maritime Center”. SEC. 1092. SENSE OF CONGRESS REGARDING

HISTORIC PRESERVATION OF MID

WAY ISLANDS. (a) FINDINGS.—Congress makes the following findings:

(1) September 2, 1995, marks the 50th anniversary of the United States victory over Japan in World War II.

(2) The Battle of Midway proved to be the turning point in the war in the Pacific, as United States Navy forces inflicted such severe losses on the Imperial Japanese Navy during the battle that the Imperial Japanese Navy never again took the offensive against United States or allied forces.

(3) During the Battle of Midway, an outnumbered force of the United States Navy, consisting of 29 ships and other units of the Armed Forces under the command of Admiral Nimitz and Admiral Spruance, out-maneuvered and out-fought 350 ships of the Imperial Japanese Navy.

(4) It is in the public interest to erect a memorial to the Battle of Midway that is suitable to express the enduring gratitude of the American people for victory in the battle and to inspire future generations of Americans with the heroism and sacrifice of the members of the Armed Forces who achieved that victory.

(b) SENSE OF CONGRESS.—It is the sense of Congress that,

(1) the Midway Islands and the surrounding seas deserve to be memorialized;

(2) the historic structures related to the Battle of Midway should be maintained, in accordance with the National Historic Preservation Act (16 U.S.C. 470–470t), and subject to the availability of appropriations for that purpose.

(3) appropriate access to the Midway Islands by survivors of the Battle of Midway, their families, and other visitors should be provided in a manner that ensures the public health and safety on the Midway Islands and the conservation of the natural resources of those islands in accordance with existing Federal law. SEC. 1093. SENSE OF SENATE REGARDING FED

ERAL SPENDING. It is the sense of the Senate that in pursuit of a balanced Federal budget, Congress should exercise fiscal restraint, particularly in authorizing spending not requested by the executive branch and in proposing new programs. SEC. 1094. EXTENSION OF AUTHORITY FOR VES

SEL WAR RISK INSURANCE. Section 1214 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1294), is amended by striking "June 30, 1995" and inserting in lieu thereof "June 30, 2000". TITLE XI-UNIFORM CODE OF MILITARY

JUSTICE SEC. 1101. SHORT TITLE.

This title may be cited as the “Military Justice Amendments of 1995”. SEC. 1102. REFERENCES TO UNIFORM CODE OF

MILITARY JUSTICE. Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).

Subtitle A-Offenses SEC. 1111. REFUSAL TO TESTIFY BEFORE COURT

MARTIAL. Section 847(b) (article 47(b)) is amended

(1) in the first sentence, by inserting “indictment or” after “shall be tried on”; and

(2) in the second sentence, by striking out “shall be” and all that follows and inserting in lieu thereof "shall be fined or imprisoned, or both, at the court's discretion.”. SEC. 1112. FLIGHT FROM APPREHENSION.

(a) IN GENERAL.-Section 895 (article 95) is amended to read as follows: "§ 895. Art. 95. Resistance, flight, breach of ar

rest, and escape "Any person subject to this chapter who “(1) resists apprehension; "(2) flees from apprehension; “(3) breaks arrest; or

“(4) escapes from custody or confinement; shall be punished as a court-martial may direct.”.

(b) CLERICAL AMENDMENT.—The item relating to section 895 (article 95) in the table of sections at the beginning of subchapter X is amended to read as follows: “895. Art. 95. Resistance, flight, breach of

arrest, and escape.”. SEC. 1113. CARNAL KNOWLEDGE.

(a) GENDER NEUTRALITY.-Subsection (b) of section 920 (article 120) is amended to read as follows:

“(b) Any person subject to this chapter who, under circumstances not amounting to rape, commits an act of sexual intercourse with a person

“(1) who is not that person's spouse; and

“(2) who has not attained the age of sixteen years; is guilty of carnal knowledge and shall be punished as a court-martial may direct.”.

(b) MISTAKE OF FACT.-Such section (article) is further amended by adding at the end the following new subsection:

“(d)(1) In a prosecution under subsection (b), it is an affirmative defense that,

(A) the person with whom the accused committed the act of sexual intercourse had at the time of the alleged offense attained the age of twelve years; and

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